DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG >
Docket No: 12463-12
15 April 2013.
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested that the fitness report for 25 August 2008 to 30
June 2009 be modified, in accordance with.the reporting senior’s
(RS’s) letter dated 18 June 2012, by raising the marks in .
- sections E.1 (“Courage”), E.3 (“Initiative”), F.5
(“Communication Skills”), G.2. (“Decision Making Ability”) and
G.3 (“Judgment”) from “Cc” (fifth best of seven possible marks)
‘to “D” (fourth best).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 April 2013. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. The Board also considered the report
of the Headquarters Marine Corps Performance Evaluation Review
Board (PERB), dated 4 December 2012, a copy of which is
attached. Oo
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the report of the PERB, further noting that the
reviewing officer, who concurred with the contested original
marks, provided nothing to show support for the proposed revised
marks. In view of the above, .your application has been denied.
The names and votes of. the members of the panel will be
'. furnished upon request.
Although the Board voted not to modify the fitness report in
question, you may submit the RS’s letter to future selection
boards.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
Material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ROBERT D. ZSALMAN ©
“Acting Executive Director
Enclosure
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